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(영문) 대법원 2020.04.09 2020도1671
아동복지법위반(아동학대)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced

Therefore, in this case where a more minor punishment is imposed on the defendant, the argument that the court below merely contests the fact-finding of the court below or points out the misapprehension of legal principles on the premise of facts different from the facts acknowledged by the court below is not a legitimate ground for appeal.

Meanwhile, even in light of the records, the first instance court and the lower court did not err by infringing on the defendant's right to defense, the right to receive a public defender's assistance, the right to receive a public defender's participation trial, and the right to

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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